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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116780
Experience:  Attorney experienced in commercial litigation.
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I Was rear-ended by another driver several years ago. I Gave

Customer Question

I Was rear-ended by another driver several years ago. I Gave the company our car loan was through his information and my gap coverage information. several years later I find they did nothing and reported that the car had disappeared and not been paid for! What can I do?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. You say this happened several years ago, how many years ago? Texas has a 2 year statute of limitations for property damage claims, but if the company had a contract with you and did not pay off the damages, there is a 4 year statute of limitations for breach of contract. On top of that, if they committed fraud by claiming the car disappeared and did not take action, you have 4 years from discovery of the fraud to sue them for the damages. So at this point you are going to have to file suit against the company for committing breach of contract, if you are within 4 years, or you would have to sue for fraud in that they took the documents and they claimed they were going to make the payoff and then they lied saying the car disappeared and that is fraud.

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